DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hi Tech Industrial Services Pty Ltd
(AG2017/4532)

HI TECH INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JANUARY 2018

Application for approval of the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hi Tech Industrial Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hi Tech Industrial Services Pty Ltd applied for the approval of the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2017. The application involved the terms and conditions of employment for the company's employees, with the dispute centering on whether the agreement complied with the relevant industrial laws and whether it was appropriately negotiated.

The primary legal issues before the Commission were whether the agreement was made in accordance with the Fair Work Act 2009 and whether it met the requirements of being a "single, integrated, and whole" document. The Commission also had to consider whether the agreement contained all the necessary provisions and whether it was free from any invalid or unenforceable terms. Another key issue was whether the agreement had been fairly negotiated and whether it provided for appropriate mechanisms for resolving disputes.

The Commission found that the agreement was appropriately negotiated and contained all necessary provisions. It determined that the agreement was a single, integrated, and whole document and was compliant with the Fair Work Act 2009. The Commission approved the agreement, noting that it provided for fair terms and conditions of employment and included provisions for dispute resolution. The Commission's decision was based on a detailed examination of the negotiation process and the content of the agreement, confirming its validity and enforceability under the law.

Hi Tech Industrial Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established